唐律에 명시된 衡平性과 贖法

• 영문명: Justice and Amends Fine Law in T'ang Code
• 발행기관: 호남대학교 인문사회과학연구소
• 저자명: 金明姬(Kim Myoung-Hee)
• 간행물 정보: 『인문사회과학연구』제6집, 119~142쪽, 전체 24쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 1999.12.30

영문 초록

Under the influence of the conception in the criminal code of T'ang Amends fines(贖法) are usually understood mainly as a privilege of exemption of punishment in conformity to the regular five-penalties(五刑) granted according to estate or rank. And this aspect of the law arises some questions concerning an applications of law in a matter of justice. Both in the East and West, the term of 'justice' applies relatively according to the criminal case and conditions of the people concerned. According to the T'ang law the sin of a higher status is punished lighter than that of the lower status. Fro example, when a slave committed crime against a commoner or a higher status of the servile people, then, he or she will be punished severely and it applies to the T'ang Amends fines(贖法) too. In biblical law, it also, makes one crime worse than another depending on the social status of the offender; even of the application of rule is slightly different from that of China. For example, in Leviticus 4, the sin of the high priest(a sacred leader) is more serious than that of the chieftain(a secular leader), which in turn is more serious that of a commoner. These two different aspects of the law lead us to wonder how we could place the term of 'justice', or rather 'relational Justice.' We could say 'relational Justice' is the interface between 'law' and 'relation-ism.' It holds that justice is not simply a matter of applying rules, but of rightly satisfying the claims of parties in a trial, brought forward from the relationships of their lives. What makes one crime worse than another, and why? What makes one criminal case more forgivable than the other, and why? This is not a purely academic question. 'Seriousness of offence' is the primary ground, in practice, for determining who is punished heavier than the others. "Seriousness of offence" is an intriguing justification for a post-modern legal culture. This is because 'seriousness' demands, by definition, that we say that one thing is 'worse' than another. Throughout the history of human life, more often than not deciding the seriousness of crime depending on the money's worths, and it indicate that a society's views of seriousness are ultimately shaped by its underlying values. In other words, 'seriousness of offence' tells us what society sees as most threatening to its survival, and what penalties are appropriate for offending. To this extent, 'seriousness' holds up a mirror to the criminal justice process. It challenges the law to identify its underlying values, and this underlying values reflects the value of a society.

목차

Ⅰ. 緖言

Ⅱ. 唐律의 頒布

Ⅲ. 唐律의 贖法

Ⅳ. 結語

參考文獻

Abstract